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Home My WebLink AboutURA RES 2005-03RESOLUTION NO. ,WOS -3 A RESOLUTION OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, AN INDEPENDENT PUBLIC BODY CORPORATE AND POLITIC, ADOPTING THE MEMORANDUM OF UNDERSTANDING AND THE MEMORANDUM OF UNDERSTANDING AND OPTION TO PURCHASE; AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE DUPLICATE ORIGINALS; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. NOW, THEREFORE, BE IT RESOLVED BY THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, AN INDEPENDENT PUBLIC BODY CORPORATE AND POLITIC; Section 1: The Urban Renewal Agency hereby agrees to and adopts that certain Memorandum of Understanding a copy of which is attached hereto as Exhibit "A" and incorporated herein as if set forth in full. Section 2: The Urban Renewal Agency hereby agrees to and adopts that certain Memorandum of Understanding and Option to Purchase a copy of which is attached hereto as Exhibit "B" and incorporated herein as if set forth in full. Section 3: The Chairman of the Board of the Urban Renewal Agency of the City of Caldwell is authorized to execute the attached Agreement in duplicate originals. Section 4: This Resolution shall be full force and effect immediately upon its adoption and approval. ADOPTED AND APPROVED THIS DAY OF , 2005. URBAN RENEWAL AGENCY By:I �'Gu CSL ELJA, AI E, Chairman of the Board Debbie Geyer From: Garianne Goslin [ggoslin@caldwellonline.orgj Sent: Wednesday, May 06, 2009 2:13 PM To: Debbie Geyer Subject: Resolution 2005-3 Debbie: Regarding your request for an executed copy of the agreement referred to in Resolution 2005-3 between Caldwell East Urban Renewal Agency and Caldwell Economic Development Council — that agreement was never executed and property never switched ownership. I hope this is helpful to you. Please let me know if you need anything more. Feel free to contact Steve at sfultz(g)caldwellonline. org for any further detail. Regards, Garianne Goslin Caldwell/Canyon Economic Development Council 524 S. 9th Ave., Ste. 101 P.O. Box 668 Caldwell, ID 83606 Phone: 208.454.0087 Fax: 208.459.8115 www.caldwellonline.org MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of , 2005, by and between CALDWELL ECONOMIC DEVELOPMENT COUNCIL, INC., an Idaho non-profit corporation ("CEDC") and the URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, an independent public body corporate and politic authorized by the Idaho Urban Renewal Agency Law of 1965 as amended ("URA"). WHEREAS, CEDC is organized, established and exists for the purpose of promoting economic development in the City of Caldwell, Idaho, and as an integral part of CEDC's mission, it markets the City of Caldwell to commercial and industrial businesses to the end that said businesses will establish operations in Caldwell; and WHEREAS, URA was created and exists for the primary purpose of rehabilitation or redevelopment of the urban renewal area by private enterprise and likewise seeks to market the City of Caldwell and attract commercial and industrial businesses; and WHEREAS, CEDC and URA share an essential mission for the common good of the City of Caldwell, Idaho, it is appropriate that they reach a mutual understanding of the need to cooperate and jointly focus their efforts in fulfilling that mission; and WHEREAS, CEDC and URA agree that one object of cooperative efforts should be and is the goal of securing for CEDC an indefinite funding source that will provide an on-going dedicated funding mechanism for the support, maintenance and growth of CEDC; and WHEREAS, a realistic and probable source of on-going dedicated funding for CEDC is the acquisition, development and marketing of real property to a long-term tenant or purchaser; and WHEREAS, URA owns several parcels of property in the vicinity of Smeed Parkway south of Highway 20/26 within the corporate limits of the City of Caldwell that are, or will become, well suited for the establishment of commercial or industrial businesses sought by URA and CEDC; and WHEREAS, the parties wish to clarify and confirm by this Memorandum of Understanding that URA will, subject to the terms of this Memorandum, convey one of URA's properties to CEDC if and when CEDC secures a long-term tenant or purchaser, acceptable to URA, that will provide a source of on-going dedicated funding for CEDC; NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and with reference to the recitals which are incorporated herein and constitute a material part of this Agreement, the parties hereto agree as follows: MEMORANDUM OF UNDERSTANDING — Page 1 1. CEDC is hereby authorized to and may refer to, mention, describe, create images, maps or other depictions of properties owned by URA in the vicinity of Smeed Parkway south of Highway 20/26 within the corporate limits of the City of Caldwell, Idaho, in its efforts to secure a long-term tenant or purchaser that can provide a source of on-going dedicated funding for CEDC and/or in the general pursuit of CEDC's mission. CEDC acknowledges that URA will simultaneously be marketing the same properties and may secure tenants or buyers at any time. 2. Additionally, for a period of eighteen (18) months from the effective date hereof, CEDC shall have exclusive rights to market the real property described in Exhibit "A," attached hereto and incorporated herein by this reference, (hereinafter "CEDC's exclusive parcel"), in its efforts to secure a long-term tenant or purchaser that can provide a source of on-going dedicated funding for CEDC as described in the recitals. URA shalt direct any real property inquiries concerning CEDC's exclusive parcel to CEDC. The parties may, by mutual agreement extend the period of CEDC's exclusive marketing rights. 3. If CEDC secures a commercial or industrial tenant or purchaser for CEDC's exclusive parcel or another parcel of URA property that is at the time available for lease or purchase, and such tenant or purchaser can provide a source of on-going dedicated funding for CEDC, CEDC shall notify URA and convey the substance of the proposed transaction. 4. URA shall review the proposed transaction. If, in the discretion of URA, the proposed transaction is harmonious with the spirit and intent of this Memorandum, URA's adopted Urban Renewal Plan, and compatibility of the proposed use with surrounding development and planned development, URA shall transfer the parcel to CEDC to fulfill the purposes of this Memorandum. Upon transfer of any parcel by URA to CEDC this agreement shall terminate. 6. Nothing herein shall be construed as creating an agency between the parties, whether a real estate agency or otherwise, and CEDC shall have no authority or power to bind URA with respect to URA properties or other matters and no finders fee or commission of any sort shall be paid by URA to CEDC without a further written agreement specifically detailing a finders fee or commission. 7. Nothing herein shall be construed as granting CEDC a license, lien, easement, tenancy, ownership or other protectable interest in property owned by URA. This Memorandum of Understanding shall not be recorded. 8. Nothing herein shall be construed to create a joint venture, joint exercise of powers, partnership, or other similar relationship which might impose liabilities or obligations upon the parties beyond the terms hereof, provide either party an interest in the assets or business of the other, or make either party liable for the debts and obligations of the other. 9. This Memorandum of Understanding contains the entire agreement between the parties hereto with respect to the subject matter of this Memorandum of Understanding. MEMORANDUM OF UNDERSTANDING —Page 2 Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 10. This Memorandum of Understanding shall bind the parties hereto and their respective heirs, personal representatives, successors, and assigns. 11. If any part of this Memorandum of Understanding is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Memorandum of Understanding shall be given effect to the fullest extent reasonably possible. 12. This Memorandum of Understanding shall be construed under and governed by the laws of the State of Idaho. CALDWELL ECONOMIC DEVELOPMENT COUNCIL, INC. DAVE GIPSON Its: MEMORANDUM OF UNDERSTANDING — Page 3 URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO ELJAY WAITE Its: Chairman February 6, 2007, CEURA, Page 3 Dennis Cannon provided an update on the Indian Creek Project: o Demolition: ■ Discontinuation fee of $20K for Duane's Heating; $21 for Brent Smith. ■ Demolition — 4 down, 4 to go; on schedule o RFQ out for proposals o Downtown Redevelopment: ■ Investor interest— discussion • City Hall Concept - configurations, tenant search, LEED cert ■ Streetscape designs • EPA Grants — Brownfield's / Sustainable development support o Indian Creek Phase II Cost Estimate: $3,000,000 (breakdown provided) NEW BUSINESS C/CEDC has requested termination of the Memorandum of Understanding (Resolution #2005-3 dated June 7, 2005) relating to the marketing and sale of property in the vicinity of Smeed Parkway, south of Hwy 20/26. The State of Idaho Department of Commerce has purchased subject property. Motion to authorize a letter accepting the proposal of termination of the Memorandum of Understanding with C/CEDC upon receipt of the agreed upon $130,000: Hopper/Nancolas M/S/P Chairman Waite and Mayor Nancolas met with the Jail Site Steering Committee to propose a cooperative opportunity between the Canyon County Jail, VanBuren School and CEURA. The advisory group was open to consideration and further discussion. Chairman Waite requested a motion to set a time certain for expiration of agency relocation assistance to the owner of SinSations for her decision to sell her property to the County. Negotiations have been ongoing for over a year. Establishment of an expiration date of CEURA's offer to assist in relocation up to $20,000 was suggested in order to stimulate a decision by SinSations. Motion to extend our offer to participate in the relocation ofSinSations in the amount of $20,000 to April 30, 2007, at which time our offer is to be rescinded., Hopper/Nancolas M/S/P Chairman Waite introduced five proposals for Indian Creek financing. Proposals were reviewed and discussed. Further action will be taken at subsequent meetings. Financial Report provided by Rob Hopper: December 31, 2006 Ending Balance Earnines F&M Money Mkt 598,677.39 1,315.35 F&M Business Acct 5,284.39 n/a F&M Indian Creek 1,058.61 .99 Local Gov't Pool 809,502.18 3,278.58 Motion to approve the financial report: Fouts/Hopper M/S/P